Bill Text: IL HB0188 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [HB0188 Detail]

Download: Illinois-2017-HB0188-Enrolled.html



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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5changing Section 2-301 as follows:
6 (735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
7 Sec. 2-301. Objections to jurisdiction over the person.
8 (a) Prior to the filing of any other pleading or motion
9other than as set forth in subsection (a-6) a motion for an
10extension of time to answer or otherwise appear, a party may
11object to the court's jurisdiction over the party's person,
12either on the ground that the party is not amenable to process
13of a court of this State or on the ground of insufficiency of
14process or insufficiency of service of process, by filing a
15motion to dismiss the entire proceeding or any cause of action
16involved in the proceeding or by filing a motion to quash
17service of process. Such a motion may be made singly or
18included with others in a combined motion, but the parts of a
19combined motion must be identified in the manner described in
20Section 2-619.1. Unless the facts that constitute the basis for
21the objection are apparent from papers already on file in the
22case, the motion must be supported by an affidavit setting
23forth those facts.

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1 (a-5) (Blank). If the objecting party files a responsive
2pleading or a motion (other than a motion for an extension of
3time to answer or otherwise appear) prior to the filing of a
4motion in compliance with subsection (a), that party waives all
5objections to the court's jurisdiction over the party's person.
6 (a-6) A party filing any other pleading or motion prior to
7the filing of a motion objecting to the court's jurisdiction
8over the party's person as set forth in subsection (a) waives
9all objections to the court's jurisdiction over the party's
10person prospectively, unless the initial motion filed is one of
11the following:
12 (1) A motion for an extension of time to answer or
13 otherwise plead.
14 (2) A motion filed under Section 2-1301, 2-1401, or
15 2-1401.1.
16Any motion objecting to the court's jurisdiction over the
17party's person as set forth in subsection (a) shall be filed
18within 60 days of the court's order disposing of the initial
19motion filed under Section 2-1301, 2-1401, or 2-1401.1. Nothing
20in this subsection precludes a party from filing a motion under
21subsection (a) combined with a motion under Section 2-1301,
222-1401, or 2-1401.1. If such a combined motion is filed, any
23objection to the court's jurisdiction over the party's person
24is not waived.
25 (b) In disposing of a motion objecting to the court's
26jurisdiction over the person of the objecting party, the court

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1shall consider all matters apparent from the papers on file in
2the case, affidavits submitted by any party, and any evidence
3adduced upon contested issues of fact. The court shall enter an
4appropriate order sustaining or overruling the objection. No
5determination of any issue of fact in connection with the
6objection is a determination of the merits of the case or any
7aspect thereof. A decision adverse to the objector does not
8preclude the objector from making any motion or defense which
9he or she might otherwise have made.
10 (c) Error in ruling against the objecting party on the
11objection is waived by the party's taking part in further
12proceedings unless the objection is on the ground that the
13party is not amenable to process issued by a court of this
14State.
15(Source: P.A. 91-145, eff. 1-1-00.)
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